❓ Hon George Cash questions the Minister for Agriculture, Forestry and Fisheries regarding the Department of Fisheries vessels operating without navigation lights, potentially contravening maritime regulations. The Minister confirms the practice, citing operational needs and risk management by vessel skippers.
AnsweredQoN 622Legislative Council
QuestionView source ↗
(1) Can the minister confirm that authority has been given for the Department of Fisheries vessels to run without navigation lights in darkness, in contravention of maritime regulations regarding safety and prevention of collisions at sea? (2) Who gave such permission to the Department of Fisheries vessels and on how many occasions has this authority been granted? (3) Can the minister advise how the possibility of obtaining a prosecution for pulling a lobster pot prior to a specified hour of the day overrides the danger and disregard by Department of Fisheries officers of maritime safety regulations? (4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE
AnswerView source ↗
I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(2) Who gave such permission to the Department of Fisheries vessels and on how many occasions has this authority been granted? (3) Can the minister advise how the possibility of obtaining a prosecution for pulling a lobster pot prior to a specified hour of the day overrides the danger and disregard by Department of Fisheries officers of maritime safety regulations? (4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(3) Can the minister advise how the possibility of obtaining a prosecution for pulling a lobster pot prior to a specified hour of the day overrides the danger and disregard by Department of Fisheries officers of maritime safety regulations? (4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(6) There is no such section.
(2) Who gave such permission to the Department of Fisheries vessels and on how many occasions has this authority been granted? (3) Can the minister advise how the possibility of obtaining a prosecution for pulling a lobster pot prior to a specified hour of the day overrides the danger and disregard by Department of Fisheries officers of maritime safety regulations? (4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(3) Can the minister advise how the possibility of obtaining a prosecution for pulling a lobster pot prior to a specified hour of the day overrides the danger and disregard by Department of Fisheries officers of maritime safety regulations? (4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(4) Can the minister confirm that Department of Fisheries vessels have been granted permission, on other occasions, to operate without using lights as claimed in the published statement of Mr Russell Dyson to the media? (5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(5) Can the minister confirm that the Department of Fisheries vessels have an “arrangement” with the Department for Planning and Infrastructure to operate without navigation lights as required under the Australian Maritime Safety Authority? (6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(6) Can the minister advise the section of the relevant Act that provides the authority for Department of Fisheries safety rules to override maritime safety regulations? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
I thank Hon George Cash for some notice of this question. (1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(1) Yes; and the balance of the answer is provided in part (2). (2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(2) Authority was granted to enforcement officers by their supervising officer. I am aware of seven operations of this nature in 2004. (3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(3) During such operations the skipper of the Fisheries marine patrol vessel manages risks to the safety of all craft through the maintenance of visual and electronic surveillance. (4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(4) Refer to answer (2). (5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(5) The Department for Planning and Infrastructure has determined that it would not be in the public interest to take prosecution action in circumstances where appropriate safety measures were taken and no misuse occurred. The Department of Fisheries was aware of this determination. (6) There is no such section.
(6) There is no such section.
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